- Interpretation
In these Terms & Conditions, the following definitions apply:
“TAFC” means Tonbridge Angels Football Club Limited, the organisation providing the Pitch for hire.
“Hirer” means the individual, team, club, or organisation making a Booking to use the Pitch.
“Additional Charges’ means additional fees charged to Hirers in accordance with clause 4.4.
“Booking” means an agreement made between the Hirer and TAFC for the use of the Pitch for the Hire Period. Bookings only relate to the hire of the Pitch, and no other facilities at the Stadium unless otherwise expressly indicated on the booking system and agreed.
“Hire Charge” means the cost of hiring the Pitch at the price stated in the online booking system, or as otherwise expressly agreed.
“Hire Period” means the agreed date, time, and duration of the hire of the Pitch for a Booking.
“Pitch” means the 3G football pitch at the Stadium and any associated areas included in the Booking.
“Repair Charges” means additional fees charged to Hirers in accordance with clause 4.3.
“Stadium” means the land, buildings and premises at Darenth Avenue, Tonbridge, Kent TN10 3JF, and including the Pitch as appropriate.
“Users” means any or all of the players, coaches, staff, contractors or guests of the Hirer attending the Stadium during the Hire Period as appropriate.
- Booking Confirmation
2.1 These Terms & Conditions (‘Terms’) apply to any Booking made between and shall come into effect when a Booking is made via TAFC’s online booking system, or in such other manner as TAFC and the Hirer may agree.
2.2 Bookings will be confirmed by email sent to the Hirer.
2.3 All bookings must be made in advance and are subject to availability. Full payment is required when using the online booking system unless otherwise agreed in writing.
- Use of Pitch Rules & Conditions
3.1 The Hirer agrees and undertakes that they will comply with the following conditions of use when using the Pitch as set out in this clause 3, and the Hirer further agrees to ensure that their Users will also so comply, and accepts liability for their User’s failure to do so. The Hirer agrees:
a. To ensure that all Users will abide by the TAFC’s Footwear Rules and 3G Pitch Rules when using the Pitch (and as stated on TAFC’s website, and at various points throughout the Stadium, and appended to these Terms):
b. Not to use the Pitch for any purpose other than playing football and football related activities (unless otherwise expressly agreed with TAFC):
c. Not to do or permit to be done anything on the Pitch or at the Stadium which is illegal, or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to TAFC or to any other Hirers of TAFC, or any owner or occupier of neighbouring property:
d. To comply (and ensure that its staff, agents and External contractors comply) with the terms of this Booking and any instructions or notices from TAFC:
e. To permit TAFC to search all containers, bags, boxes and equipment coming into or leaving the Stadium, including those brought into the Stadium by guests during the Hire Period:
f. Not to cause or permit to be caused any damage to the Pitch or Stadium, including any furnishings, equipment or fixtures at the Stadium:
g. Not to smoke or permit smoking (including e-cigarettes) anywhere in the Stadium expect in the designated area:
h. Not to fix any bolts, nails, tacks, screws, adhesives, tape or other such fixing devices to the walls or fabric of the Stadium:
i. Not to display any advertisement, signboards, flag, banner, placard, poster, signs, or notices at the Stadium without the prior written consent of TAFC:
j. Not to alter, move or interfere with any lighting, heating, power, cabling or other electrical fittings or appliances at the Stadium, or install or use additional heating, power, cabling or other electronic fittings or appliances without the prior written consent of TAFC:
k. to leave the Pitch and Stadium in a clean and tidy condition and to remove the Hirer’s decorations, displays and any other Hirer equipment from the Stadium at the end of the Hire Period:
l. To ensure that all Users leave the Pitch promptly at the end of the Hire Period:
m. Not to bring or permit to be brought any animal into the Stadium without the prior written consent of TAFC, except for assistance dogs within the meaning of the Equality Act 2010:
n. To read TAFC’s fire and evacuation policies and procedures and ensure that all Users are made aware of the fire and evacuation procedures:
o. To ensure that they and Users keep fire and other exits clear at all times:
p. Report any health and safety issues or safeguarding concerns to a member of Tonbridge Angels FC staff.
3.2 The Hirer shall ensure that their Users behave in a responsible and safe manner in the Stadium, and TAFC reserves the right to remove or request that the Hirer removes Users who do not do so from the Pitch and/or Stadium as appropriate.
3.3 TAFC does not provide Hirers with footballs, who must bring their own footballs. The only equipment provided are the goalposts and white lines on the pitch surface.
- Charges and payment
4.1 The Hirer shall pay the Hire Charge for a Booking when making the Booking and in accordance with this clause 6.
4.2 The Hire Charge for booking relate solely to the hire of the Pitch and do not include any other facilities at the Stadium unless otherwise expressly agreed.
4.3 TAFC reserves the right to make charge Hirers for any loss or damage to the Pitch or Stadium caused by the Hirer or Users breaching the Use of Pitch Rules & Conditions in clause 3 (‘Repair Charges’), Repair Charges including in particular, a specific charge of up to £50 when any Users fail to wear the permitted footwear on the Pitch during the Booking. This charge reflects and compensates TAFC for the damage done to the pitch by wearing incorrect footwear.
4.4 The Hirer may pay additional charges for hiring additional items such as the changing rooms or floodlights (‘Additional Charges’). This can be done on the booking system or by direct contact with TAFC’s representatives, but must be made in advance of the Booking.
4.5 The Repair Charges or Additional Charges referred to in clause 4.3 and 4.4 may be Invoiced to the Hirer directly or offset against any sums paid by the hirer in respect of other Bookings.
4.6 All amounts payable by the Hirer are inclusive of VAT. VAT invoices can be provided on request.
- Liability
5.1 Hirers and Users should be aware that Car parking facilities outside the Stadium are not owned by or the responsibility of TAFC. Hirers and Users who park there at their own risk and TAFC accepts no responsibility for any loss or damage caused.
5.2 TAFC has public liability insurance cover in place. The limits and exclusions in this clause reflect the insurance cover TAFC has been able to arrange, and the Hirer is responsible for making its own arrangements for the insurance of any excess loss.
5.3 The restrictions on liability in this clause apply to every liability arising in connection with the Booking including liability in Booking, tort (including negligence), misrepresentation, restitution, deliberate fault or otherwise.
5.4 Nothing in the Booking limits any liability which cannot legally be limited, including liability for:
a. death or personal injury caused by negligence; and
b. fraud or fraudulent misrepresentation.
5.5 Subject to clause 5.3, TAFC shall not be liable for any damage or theft of any property of the Hirer, or that of the Hirer’s employees, contractors, Users, or other guests of invitees to the Stadium.
5.6 Subject to clause 5.3 and clause 5.4, TAFC’s total liability to the Hirer shall not exceed the sums paid by the Hirer to TAFC under this Booking.
5.7 Subject to clauses 5.3, 5.4, and 5.5, the following potential losses; loss of profits; loss of sales or business; loss of agreements or bookings; loss of anticipated savings; loss of use or corruption of software, data or information; loss of or damage to goodwill; and indirect or consequential loss; are specifically excluded
- Cancellation
6.1 TAFC reserves the right to cancel any booking for any reason by giving the Hirer 7 days’ notice in writing via email.
6.2 TAFC may cancel any Booking without notice where activity on the Pitch would be dangerous (e.g. where the pitch is frozen or when there are high winds). The Pitch will be closed and all Bookings cancelled if the temperature in the Stadium falls below 0°C. Use of the Pitch will be suspended in the event of snow or frost.
6.3 If the booking is cancelled by Tonbridge Angels FC, any Charges paid will be refunded.
6.4 The Hirer may cancel a booking for any reason. However, the Hirer will only be entitled to a refund of any charges if notice of cancellation is given by email more than 48 hours prior to the Booking start time.
General
7.1 Force majeure. Neither party shall be in breach of the Booking or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control.
7.2 Data Protection. Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the Data Protection Act 2018 (and regulations made thereunder), the retained EU law version of General Data Protection Regulation ((EU) 2016/679), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).
7.3 Assignment and other dealings. The Hirer shall not assign, transfer, charge, subcontract, or deal in any other manner with any or all of its rights and obligations under the Booking without TAFC’s prior written consent. TAFC may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Booking.
7.4 Third party rights. This Booking does not give rise to any rights under the Bookings (Rights of Third Parties) Act 1999 to enforce any term of the Booking.
7.5 Governing law & Jurisdiction These Terms & Conditions are governed by the laws of England and Wales.
